Brambles Australia Limited v Philip Davenport

Brambles Australia Limited sought a review of a decision made by an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) in relation to a progress payment claim made by Philip Davenport. The dispute was heard by the Supreme Court of New South Wales. The court was required to decide whether and to what extent judicial review of adjudications made under the Act was available, the scope of relief available in the nature of a writ of certiorari, the grounds upon which judicial review was available, the proper construction of section 7(2)(c) of the Act, and whether the consideration payable for construction work carried out under the contract or for related goods and services supplied under the contract was to be calculated by reference to the value of the work carried out or the value of the goods and services supplied.

The court found that judicial review of adjudications made under the Act was limited and only available on certain grounds, such as errors of law or jurisdictional errors. The court held that the scope of relief available in the nature of a writ of certiorari was limited to setting aside the adjudicator's decision and remitting the matter back to the adjudicator for reconsideration. The court also held that natural justice in relation to costs was not a ground for judicial review under the Act. The court found that section 7(2)(c) of the Act required the consideration payable for construction work carried out under the contract or for related goods and services supplied under the contract to be calculated by reference to the value of the work carried out or the value of the goods and services supplied.

The court ordered that the adjudicator's decision be set aside and the matter be remitted back to the adjudicator for reconsideration in accordance with the court's findings.